86/2012 Suit Muhammad Nazim (Plaintiff) V/S Anwar Hussain Darbari (Defendant)

86/2012 Suit Muhammad Nazim (Plaintiff) V/S Anwar Hussain Darbari (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 28-APR-14

Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Specific Relief Act (I of 1877), S.12---Contract Act (IX of 1872), S.23---Suit for specific performance---Rejection of plaint---Plaintiff entered into agreement to sell with defendant in respect of property which belonged to his son, who was real owner of the suit property---Validity---Plaintiff's agreement with defendant was without permission of original owner who never consented to the agreement and refused to execute power of attorney in favour of defendant---No privity of contract existed between the plaintiff and the real owner of the suit property---Plaintiff knew that the agreement was dependent upon execution of General Power of Attorney by original owner who was not under any obligation to execute the power of attorney---Defendant had no authority to enter into an agreement to sell in respect of property which did not belong to him---Agreement was, therefore, not for lawful object in terms of S.23 of the Contract Act, 1872 as the same involved injury to the property of another person---Plaintiff had no cause of action---Plaint was rejected.